Compliance

It is the time of year to thank your employees for their effort with holiday cheer. Before you pop open the champagne, review your social host liability coverage in your general liability policy. Social Host Liability expands the legal responsibility for the consumption of alcohol beyond the person who consumes it to those who furnish it. An intoxicated employee who injures someone is still liable and may share that liability with his or her employer who hosted the event. Limit your host liability by establishing limits upfront. Employers cannot rely on Worker’s Compensation coverage for a party injury. The Act […]

The Department of Labor’s most recent data shows 59% of women of working age are in the workplace, comprising 47% of the workforce. The National Partnership for Women & Families found complaints of pregnancy discrimination have risen at a faster rate than that of women in the workforce. The most common charges are allegations of discharge based on pregnancy and disparate terms and conditions of employment based on pregnancy. These include suspensions pending receipt of medical releases, medical examinations that are not job-related or consistent with business necessity, and forced leave. A three-year study of Attitudes About Pregnant Employees shows […]

The Fair Labor Standards Act (FLSA) protects workers by mandating minimum wage be paid and any time worked over 40 hours in a workweek be paid at 150% of the worker’s hourly rate. The Act, enacted in 1938, was designed to ensure that “each employee covered by the Act would receive a fair day’s pay for a fair day’s work and would be protected from the evil of overwork as well as underpay.” Employers are not required to pay overtime for workers deemed exempt from this regulation. The Act has been updated seven times since 1938. Updates have included salary […]

Equal Employment Opportunity Commission (EEOC) vs. Abercrombie & Fitch Stores, Inc. reminds all employers of the “ass-u-me “rule of assumption. The interviewer assumed Samantha Elauf wore her hijab because she was a practicing Muslim. Rather than being openly curious, the interviewer informed the district manager who decided not to hire because Ms. Elauf’s headscarf would not comply with the Store’s Look Policy. Abercrombie argued its dress code, The Look Policy which prohibited caps was neutral and did not constitute intentional discrimination. The Supreme Court explained Title VII gives religious practices “favored treatment” requiring policies to “give way to the need […]